Because statements in a life insurance application are treated as representations under N.Y. Ins. Law §3204, rather than warranties, an untrue statement in the application will defeat the policy only if which condition is met?

Why D is correct

Under N.Y. Ins. Law §3204, statements in the application are representations, not warranties: they must be substantially true, and a misstatement defeats the policy only if it is material to the risk or fraudulent, so minor inaccuracies do not void coverage. Combined with the entire-contract rule of §3203(a)(4), this means an insurer cannot escape the policy for every trivial error — only for misstatements that matter or involve fraud.

Why the other options are wrong

• A) Whether a statement was oral or written is irrelevant; the application statements are representations under §3204, and their effect turns on materiality or fraud.
• B) The applicant's reading of the application does not control; what matters under §3204 is whether the untrue statement was material or fraudulent.
• C) The 15-day period for requesting a copy of the application under §3203(a)(4) has no bearing on whether a misstatement defeats the policy; materiality and fraud control under §3204.

Memory hook

Representations forgive trivia; warranties would not — §3204.